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(영문) 서울고등법원 2014.07.16 2014나6413

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering the payment of the following money.

Reasons

1. Basic facts

A. After entering the Army on April 22, 1980, the Plaintiff transferred his service to the 21th Military Service Corps of the 21st Military Service Corps on July 11, 1980.

B. The Plaintiff, immediately after entering the military, had a normal life in the military, and had been able to get a large number of sacrifies from the appointed soldiers on the ground that their actions were fluent, unlike South and North Korea.

In particular, in spring around 1981, the companies belonging to the personnel group of the military unit, such as the plaintiff, laid the plaintiff and laid the plaintiff, and then laid the plaintiff's head and neck.

C. Since March 1981, 1981, the Plaintiff: (a) from around March 10, 1981 after the time when the instant case was committed, the Plaintiff showed an abnormal action to support the Plaintiff’s complaint; (b) from around April 10, 1981, from the time when the Plaintiff was committed, the Plaintiff was hospitalized on May 10, 1981 after receiving a diagnosis of depression at an association’s stage, and was hospitalized on May 10, 1981, and was sent to the Y Hospital on May 102.

At the time of hospitalization in the 102 Camp Hospital, the plaintiff showed very extreme mental disorder to the extent that it is impossible to communicate with the military doctor, and the plaintiff was able to see all sides or safly and safly and safly.

E. On May 26, 1981, the Plaintiff was sent to the Madna Hospital, and was diagnosed as “mental franchisium, (Li) Madic nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical mar.” On June

F. Even after discharge, the Plaintiff continued to have been suffering from mental disorder, such as mental division, and was hospitalized in the Busan National University Hospital, and was hospitalized in the Dental Care Center, and was not under normal life due to medical care at the Dental Care Center. From July 1989, the Plaintiff was hospitalized in the E Hospital from the time of discharge to the time.

G. On October 19, 2010, the Plaintiff’s death penalty B filed a claim for adjudication of incompetency against the Plaintiff as Busan District Court’s Family Branch No. 2010-Ma1650, and the said court is incompetent against the Plaintiff.